federal high court in Abuja has rejected the evidence sought to be tendered by the federal government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
The federal government, through its third witness, an officer of the Department of State Services (DSS), has sought to tender video and documentary evidence which are the alleged confessional statements made by the defendant.
However, Kanu, through his counsel, Paul Erokoro, had objected to the admissibility of the evidence on the grounds that the statements were made under duress.
The court on Wednesday had ordered a trial-within-a-trial to ascertain the voluntariness or involuntariness of the statements.
In his ruling on the trial-within-a-trial on Thursday, James Omotosho, the presiding judge, stated that while Kanu failed to prove his statements were made involuntarily and the video evidence showed no signs of coercion, the court could not overlook his repeated complaints about being interrogated without legal representation.
The judge held that the supreme court had ruled that in extracting an extrajudicial statement from a suspect, the presence of his lawyer is mandatory.
He said security agencies must comply with the relevant laws which mandate the presence of a defendant’s lawyer, stressing that it is “tied to the fundamental right” of every Nigerian.
“The statements are inadmissible in light of this omission by the prosecution,” Omotosho held.
“The objection of the defendant’s counsel is upheld. The statements of October 23, 2015, and November 2015, earlier admitted in evidence, are rejected.”
